Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
White Dwarf Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Nest
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
EN Publishing
Twitter
BlueSky
Facebook
Instagram
EN World
BlueSky
YouTube
Facebook
Twitter
Twitch
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
Upgrade your account to a Community Supporter account and remove most of the site ads.
Community
General Tabletop Discussion
Publishing Business & Licensing
Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="pemerton" data-source="post: 8886826" data-attributes="member: 42582"><p>This probably isn't right, which is why I'm replying to it.</p><p></p><p>If a 3PP who is currently a party to a licence agreement with WotC in terms of the OGL v 1.0a wants to continue to rely on their contractual rights, they don't need to bring a case against WotC to prove anything. All they have to do is keep publishing.</p><p></p><p>If WotC commences action against them for copyright infringement, then that party would plead their contract in defence. As has been discussed upthread, that may be expensive - even prohibitively so.</p><p></p><p>On the other hand, if WotC does not commence - eg because it recognises that it would lose on the merits and doesn't want to open up the door to that possibility - the publisher can just keep publishing.</p><p></p><p>To be clear, this post is not attempting to give anyone legal or commercial advice. The point is that, in a common law system (and I would guess civil law systems also), a person who has the benefit of a contractual right does not need to go to court to seek a declaration of right in order to lawfully act in reliance upon their right.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8886826, member: 42582"] This probably isn't right, which is why I'm replying to it. If a 3PP who is currently a party to a licence agreement with WotC in terms of the OGL v 1.0a wants to continue to rely on their contractual rights, they don't need to bring a case against WotC to prove anything. All they have to do is keep publishing. If WotC commences action against them for copyright infringement, then that party would plead their contract in defence. As has been discussed upthread, that may be expensive - even prohibitively so. On the other hand, if WotC does not commence - eg because it recognises that it would lose on the merits and doesn't want to open up the door to that possibility - the publisher can just keep publishing. To be clear, this post is not attempting to give anyone legal or commercial advice. The point is that, in a common law system (and I would guess civil law systems also), a person who has the benefit of a contractual right does not need to go to court to seek a declaration of right in order to lawfully act in reliance upon their right. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
Publishing Business & Licensing
Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
Top